The family law legislation requires that certain “pre-action procedures” are carried out prior to court proceedings being issued.
In relation to children, a party cannot apply to the Court (except if it is an urgent issue) for Orders unless the party has attempted mediation via the family dispute resolution process.
These procedures set out a framework for parties to attempt to negotiate a settlement prior to litigating the matter.
Alternative dispute resolution is usually the most expedient and cost-efficient way to resolve family law matters, and avoids undue stress, particularly if there are children of the relationship.
However, where the parties act in good faith and cannot come to a resolution, it may be necessary to go to Court.
Please contact Giudes & Elliott to discuss your options.